59906

Tokyo Company

May 24, 2016Judge Prouty
DismissedFailure to Prosecute / Dismissal

Tokyo Company appealed a dismissal for failure to prosecute under Contract No. W90U3Z-08-M-8031. The Board dismissed the appeal with prejudice due to the appellant's lack of compliance with discovery obligations.

Material Facts

  • The Board issued an order to show cause due to the appellant's non-responsiveness to government discovery requests.
  • The appellant failed to respond to the government's motion to compel.
  • The appellant was completely incommunicado, leading to the cancellation of a status conference and hearing.
  • The appellant claimed it was unable to access its email account for five months.
  • The Board found the appellant's explanation for its lack of communication inadequate.

Parties

Appellant
Tokyo Company
Contract Number
W90U3Z-08-M-8031
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